Wheelz Inc. - Product Terms of Service
Last Updated: October 5th, 2024
If you signed a separate Cover Page to access the Wheelz Cloud Service with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Cover Page applies to your use of the Product.
This Agreement is between Wheelz Inc. and the company or person accessing or using the Cloud Service. This Agreement consists of: (1) the Order Form below and (2) the Framework Terms defined below.
If you are accessing or using the Cloud Service on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company. By signing up, accessing, or using the Product, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions of this Agreement.
Cover Page
Order Form
Framework Terms: This Order Form incorporates and is governed by the Framework Terms, which consists of the Key Terms below and the Common Paper Cloud Service Standard Terms Version 2.0, which are incorporated by reference. Any modifications to the Standard Terms made in the Cover Page below will control over conflicts with the Standard Terms. Capitalized words have the meanings given in the Cover Page or the Standard Terms.
Cloud Service: Wheelz is a cloud-based payments solution. This agreement includes the web-hosted Wheelz website and merchant portal, the Wheelz cloud server and application program interfaces, and the iOS and Android mobile phone apps.
Order Date: The Effective Date
Cloud Service Fees: The core Wheelz platform is provided to the Customer free of charge with no subscription fee or contract. However, Customer will be assessed a fee to access payment processing for non-cash transactions. The fee tiers are selected upon registration and can be changed at any time within the Customer's settings page. Customer will pay Provider the applicable Fees based on the Product tier and Customer’s usage. Provider may update Product pricing by giving at least 30 days notice to Customer (including by email or notification within the Product), and the change will apply immediately after the notice period ends.
Payment Process: Customer authorizes Provider to deduct the fees daily directly out of their merchant accounts.
Use Limitations: Customer agrees to only use the Wheelz product in states and jurisdictions that they are legally allowed to operate their business.
Key Terms
Customer: The company or person who accesses or uses the Product. If the person accepting this Agreement is doing so on behalf of a company, all use of the word “Customer” in the Agreement will mean that company.
Provider: Wheelz Inc.
Effective Date: The date Customer first accepts this Agreement.
Governing Law: The laws of the State of Delaware.
Chosen Courts: The courts (whether state, federal, or otherwise) located in Delaware.
Covered Claims:
Provider Covered Claims: Any action, proceeding, or claim that the Cloud Service, when used by Customer according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon a third party’s intellectual property or other proprietary rights.
Customer Covered Claims: Any action, proceeding, or claim (1) that the Customer Content, when used according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon a third party’s intellectual property or other proprietary rights; and (2) arising from or relating to Customer’s breach or alleged breach of Section 2.1 (Restrictions on Customer).
General Cap Amount: 1.0 times the fees paid or payable by Customer to Provider in the 12 month period immediately before the claim
Notice Address:
For Provider: [email protected]
For Customer: The main email address for Customer’s account
Changes to the Standard Terms
Customer Content: Modifying Section 5.5(b) of the Standard Terms, Provider may continue to store and display Customer Content that is included in agreements that have been accepted and signed by another person or company.
Privacy Policy: The Privacy Policy available at https://wheelzpay.com/legal/privacypolicy/ describes how Provider handles personal information collected through the Product.
Agreement Updates: The Standard Terms will never change. However, modifying Section 12.2 of the Standard Terms, Provider may update the Cover Page by posting a new version on Provider’s website. Provider will attempt to inform Customer of the updates through the Product or by email.